1 Ethics-Nutrition Business-Ethics and Legalities 2022
1 Ethics-Nutrition Business-Ethics and Legalities 2022
1 Ethics-Nutrition Business-Ethics and Legalities 2022
Nutrition Business:
Ethics and Legalities
2022
1 CPE hour Self-Study Course
Objectives
Upon completion of this course, users will be able to:
1. Explain the differences and give one example each term: conflict of interest, plagiarism,
and bribery.
2. Identify four ways a RDN or NDTR can promote ethics in nutrition businesses and in
practice.
Return the answer sheet and Critical Thinking Evaluation by mail, email, or fax,
and a Certificate will be emailed to you.
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
Your name:
Name of course completed:
Number of CPE Hours:
Date:
1. Did you find the education valuable? Yes or no, please explain.
2. Did you or will you change your practice(s) based on what you learned in the program? What change
do you intend to make, or if no, why not?
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
3. What barriers or limitations do you anticipate when trying to implement this new information into your
practice?
5. What are the identified gaps in the information provided? (Ex. Outcomes that apply to a specific
patient/client population; limited data in gender, age, other races, etc.)
6. What did you like most and least about the course?
7. What topics would you like to see Helm Publishing make into self-study courses in the future?
8. Approximately how many hours did the course take you to complete?
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
WHAT IS ETHICAL?
The Academy of Nutrition and Dietetics (CDR) and its credentialing agency, CDR, have written
an updated Code of Ethics for the Nutrition and Dietetics Profession, published on June 1, 2018
with four principles and 32 standards. A copy of the full document can be obtained online at
www.eatright.org/code-of-ethics.3 Selected components of the codes that relate to business
ethics include the following:3
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
3. Professionalism (Beneficence)
• Participate in and contribute to decisions that affect the well-being of patients/clients
• Respect the values, rights, knowledge, and skills of colleagues and other professionals
• Demonstrate respect, constructive dialogue, civility and professionalism in all
communications, including social media
• Refrain from communicating false, fraudulent, misleading, disparaging or unfair
statements or claims
• Uphold professional boundaries and refrain from romantic relationships
• Refrain from verbal/physical/emotional/sexual harassment
• Provide objective evaluations of performance, making all reasonable efforts to avoid bias
in the professional evaluation of others
4. Social responsibility for local, regional, national, global nutrition and well-being
(Justice):
• Collaborate with others to reduce health disparities and protect human rights
• Promote fairness and objectivity with fair and equitable treatment
• Engage in service that benefits the community and to enhance the public’s trust in the
profession
• Seek leadership opportunities in professional, community, and service organizations to
enhance health and nutritional status while protecting the public
DISCUSSION
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
Ethical Complaint
If the dietetics professional is a contractual consultant or employee, an ethical matter can be
simply addressed in-house. If the person is in private practice, more than likely it will be a
patient, or local/state dietetic organization, or state licensing board that first questions a
professional’s ethics. If the matter is serious enough, the Ethics Committee of the Academy will
review the case in terms of considering violation, censoring, or revocation of membership. For
more information, please read the following: https://www.eatrightpro.org/practice/code-of-
ethics/what-is-the-code-of-ethics/ethics-complaints-and-violations 8
Peers have the obligation to handle an ethical review in a professional manner and not
commit slander, libel, or character assassination. The accused individual has the basic right to
be considered innocent of the violation unless proven otherwise.6
The Individual
Ultimately, of course, it is individual practitioners who must live with their own decisions. We
all have varying degrees of restrictions we place on our actions, according to what we believe and
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
our value systems. We tempt our ethical boundaries every time we do not disclose in our blog
that a food company pays us as a consultant when we make a comment about their products, or
when we disclose confidential client information to a third party.
Honesty in Business
In an article, "Why be honest if honesty doesn't pay?" authors Bhide and Stevenson found in
extensive interviews that treachery can pay.9 There is no compelling economic reason to tell the
truth or to keep one's word. In the real world, punishment for the treacherous is neither swift
nor sure, even when wrongdoing has been clearly shown. “Conscience, rather than calculation,
explains why most businesspeople keep their word and deal fairly with one another. It is the
absence of predictable financial rewards that makes honesty a moral quality to be cherished.”9
Deceptive Advertising
If an advertisement is deceptive, it is unethical, regardless of its intent.10 Although enforcement
may be a problem, the law supports this position.
Conflict of Interest
The rule of thumb on conflict of interest centers on concealment and whether all parties are
aware the professional is “wearing more than one hat.”10 For example, it is very common for
sponsoring organizations to ask their speakers or authors if they work for a food or nutraceutical
company, and whether the company’s products will be mentioned in the speech or written
material. The concern is whether the audience is getting unbiased information or commercial
announcements. Conflict of interest also happens when a contract is awarded to a relative or
close friend when the client account is unaware of the relationship. If the client knows of the
relationship and agrees with the decision, it is not a conflict.
Nepotism is a form of discrimination in which family members or friends are hired for
reasons that do not necessarily have anything to do with their experience, knowledge, or skills.8
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
It is no problem if you do not have other employees, but it can really hurt morale if the present
employees work hard and they see others without experience or skill being promoted ahead of
them. “Resentment and indifference can lead to reduced productivity as well as employee
turnover if workers decide that nothing will ever get better.”11
Price Fixing
Price fixing is a conspiracy by “competitors” to set prices and is both unethical and illegal.10 This
exists when professionals discuss in writing or verbally what to charge for services. The concern
is that the buying public is not getting the best price because everyone who provides a certain
service is influenced to charge a certain fee—instead of allowing competition to prevail.
Practicing Medicine
State medical licensing boards and medical societies are very concerned when they feel people
are overstepping their professional scopes of practice into practicing medicine. The line is not
always clearly defined, but it usually involves making diagnoses from the patient's symptoms
and tests (X-rays, CAT scans, blood tests, etc.), and representing oneself as "curing" a patient.12
Several physicians or medical societies have accused private dietetics practitioners of
practicing medicine. The known instances involved a dietitian passing out a medical diet based
upon symptoms, and poor word choice in an advertisement. The problems were resolved but
only after much trouble and embarrassment. Care must be taken not to insinuate that diagnoses
are being made.
MALPRACTICE
Nutritional malpractice occurs when a dietitian fails to meet the accepted standard of care and
the action results in harm to the patient. There have been cases where dietitians have been sued
for malpractice, and the possibility of more cases in the future is very real. As dietitians become
more visible professionally, as they take the initiative to prescribe diets, as malnutrition is
diagnosed in institutions more often, and as more attorneys use "blind pleading" in suits for
their clients, where more professionals are implicated, the risk of a suit is more likely.14
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
Life and business are not risk free. However, having a basic understanding of the legal
system as it applies to malpractice may help to minimize the risk, and its accompanying expense
and embarrassment.
Legal Principles
In their article, "Malpractice Law and the Dietitian,"12 Elizabeth and Daniel Reidy state, "Each
person is required by law to exercise a certain standard of care in order to avoid causing injury
to the person or property of others. If a person fails to meet that standard and that failure causes
harm to another's person or property, then the person is liable for the damage. This is the basic
law of negligence. Dietitians—like physicians, lawyers, accountants, and other professionals—
must exercise the skills and knowledge normally possessed by members in good standing of
their profession.”12
“There is no theoretical minimum harm a patient has to prove. Simply demonstrating
that negligence of proper care on the part of the dietitian caused discomfort or delayed the
recovery process constitutes the basis for a lawsuit. However, if the patient does not prove the
dietitian's care caused some injury to him, there can't be a finding of liability against the
dietitian.”12
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
expert and professionally trained authority who has the right to express nutrition facts as she
sees them under fair comment protection.”14
Victor Herbert, a physician and lawyer, has stated, "If a private individual or company
sues you for speaking the truth as you see it, without malice, countersue on the grounds of
malicious harassment and abuse of process. Ask the court to order the plaintiff to pay your legal
fees, as suggested by Federal Judge A. Sofaer in NNFA (National Nutritional Foods Association)
vs. Whelan and Stare (78 Civ. 6276 [ADS], U.S. District Court, So. District of New York)”14
Betty Wedman, RDN, who was threatened with a libel suit by a food company for a
statement she made, has stated, "From personal experience let me emphasize the need for daily,
detailed logs of conversations that could be used in a court of law, if litigation were pursued.
Keep records and be widely read; check out your facts with reference books and other
professionals, and you need not be intimidated by the food industry, drug manufacturers,
physicians, or patients.”14
Malpractice insurance will usually cover your court costs and up to a maximum amount
for a settlement for nutrition-related libel suits. Check with your insurance agent or policy
concerning all items that they cover.
In an article on “Ethics in Nursing: Social Media Do’s and Don’ts,” Shantelle Coe, lists the top
five guidelines, which apply to our dietetics profession as well: 22
• Don’t discuss or disclose sensitive or Protected Health Information (PHI).
• Do exercise judgment when posting opinions and photos.
• Do respect HIPPA privacy laws and adhere to the policy.
• Don’t expect any privacy when posting on social networking sites.
• Do use networking/social media sites for educational and professional networking.
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
This sounds like common sense but considering the number of new rules, new technologies,
policies, and lawsuits, it is a grey area for many employees and businesses.
Employers have a responsibility to monitor and assess how employees spend their time.
During business hours, employees have the responsibility to complete their job description
duties and not conduct personal business, shop online, or play games. “However, no one
employee should be singled out for monitoring. If monitoring is to occur, it needs to involve all
employees to avoid anyone from making accusations of a hostile work environment.3,18
Employers must be careful with any personal information they find when monitoring
(religion, health issues, ethnic) that is protected by federal law.18 It is legal to block Facebook
and other non-business related social media.3,18
Scenario #2
A RDN employer wants to check out the applicants for a new position and she is tempted to
check Facebook, LinkedIn, and several other online sites to see what applicants had posted. She
is not sure what is legal and what is unethical.
It is legal and ethical to read public information about applicants on Facebook, LinkedIn, etc.
and read what they have posted in public areas. It is not legal or ethical to ask applicants for
their passwords or to visit their private sites without permission or to access medical records—
this also is considered dishonest and disrespectful. 3,5,17-20,22,23
Scenario #3
An employee posted negative comments about her employer’s low wages and poor benefit
package in the public section of Facebook. Her employer heard about it and is considering the
options on what to do.
According to AND’s Ethics Case Studies: Impact of Social Media, “The National Labor
Relations Board (NLRB) has brought a number of cases against employers for terminating
employees for making negative comments about the company online.”23 NLRB protects the
rights of employees to unionize, discuss wages, or working conditions, etc. It “prohibits
employers from disciplining or terminating employees for having these conversations even if
they occur online.”23 Employees can be disciplined when comments are untrue, or unrelated to
working conditions.
The company Policy and Procedures on Social Media should cover the posting of
negative information on working conditions, benefits, or wages, and should be discussed with
all employees. Social media must be used while off-duty on a personal computer, not the
company computer. Stating sensitive, confidential, and untrue information on the excluded
topics (products, services, and business practices) are grounds for discipline or termination.
5,17-20,22-24
CONCLUSION
Interpreting ethics can be challenging when conducting business or using social media. The
Ethics Committee of the Academy of Nutrition and Dietetics created several documents with
sample scenarios for its members that are available online or you can ask for a ruling on an issue
by contacting them.
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
The dietitian's main concerns should always be the welfare of her patients and the
quality of her work. Always remember we also have a responsibility to “Lead, follow, or Get Out
of the Way” in the area of nutrition and its future practice. We cannot be the leader if we only
repeat what were taught ten to twenty years ago. By offering quality, humanistic care, good
management practices, and documenting our services, practitioners should be able to conduct
business with a minimum fear of risk.
REFERENCES
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1 CE Self-Study Course for Nutrition Business: Ethics and Legalities – 2022
2. How long is it recommended to keep old patient files confidential and safely stored?
a. For seven years like taxes
b. For ten years after the patient dies
c. For twenty years after the patient’s last appointment
d. For as long as you are in business
4. If all parties are not aware that a practitioner is being paid by a third party or is serving on the Board of a company
in a competing industry, it can be called which one?
a. Bribery
b. Conflict of interest
c. Biased intent
d. Kickback
7. In a court of law, when a practitioner has made a public statement based upon her expert judgment and she is
sued for libel, which one is the key defense for the dietitian?
a. Countersue on grounds of malicious harassment
b. If the person was not called a quack or incompetent, there is no merit to the case
c. The rule of law is on her side if her/his registration and license are up-to-date
d. Fair comment protection and she had to know it was libelous at the time it was said
8. Which list contains potentially positive results from allowing employees to use social media at work? Mark one.
a. Fast use of resources, speeds up communication, avoids conflicts of interest
b. Conflicts of interest, loss of secrets, poorer relationships with clients/patients
c. Speeds up communication, improves a brand, takes an idea viral, can create relationships
d. Delayed verbal communication, may ruin a brand, loss of secrets, possible lawsuits
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